Plea Procedure.

U.S. District Court for the District of Hawaii

Rule Set: Local Rules of the U.S. District Court for the District of Hawaii

Rule: 32.1

Jurisdiction: DHI

Bluebook Citation: D. Haw. L. Crim. R. 32.1

(a) Standard Plea Agreements. When the parties agree to a guilty plea pursuant to a plea agreement, they must jointly submit the written plea agreement to the judge presiding over the plea hearing. The plea agreement must include: (1) the terms of the plea agreement; (2) (3) the maximum penalties and any applicable mandatory minimum penalties; to the extent possible and in compliance with U.S. Sentencing Guidelines § 6B1.4, stipulations with respect to the applicable sentencing guidelines; and (4) any agreement related to cooperation. (b) Guilty Pleas Without A Plea Agreement.

When Defendant wishes to enter a guilty plea without a plea agreement, the government shall submit a memorandum to the judge presiding over the plea hearing, no later than 12:00 p.m. on the working day prior to the scheduled hearing. At a minimum, this memorandum shall include: (1) the counts to which Defendant is pleading guilty; 24 (2) the maximum penalties and any applicable mandatory minimum penalties; (3) the elements of those counts; and (4) an offer of proof of what the government expects it could prove at a trial.

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